Terms of Use | Andromeda

Effective Date: 26th May 2021

Thank you for visiting www.andromedacalligraphy.com (“Website”). Please take a few minutes to carefully review the terms and conditions below which details our Terms of Use (“Terms of Use”) applicable to the use of our website and all content, products therein (“Services”) owned and operated by Andromeda Salvador Tang, trading as “Andromeda Calligraphy & Design” (“ACD”), having its principal place of business at

El Monte, California, USA.

By accessing or using our Services, you are agreeing to follow these rules and be bound by these Terms of Use. If you do not agree with any of the provisions in these Terms of Use, please do not access or use the Services. These Terms of Use may be changed from time to time by ACD without any prior notice to you. You are encouraged to periodically review the Terms of Use for updates. To the extent permitted by applicable law, your continued access or use of the Services constitutes your acceptance of the modified Terms of Use.

1. USE OF SERVICES

Subject to your compliance with these Terms of Use, ACD allows you a non-exclusive, non-transferable, limited right to access and make personal and non-commercial use of the Services. You may not use any aspect of the Services, including without limitation, providing links to the Services or using any content or information available on the Services, emails, or newsletters, for any resale, commercial, or public use, without the prior express written approval of ACD. You may not make any copies or derivative uses of any content or information available on the Services without the prior express written approval of ACD.

You may not download or copy any information, service or content appearing on the Services for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools with our Services.

The Services may allow visitors to post reviews, comments, and/or other communications. You agree that you will not use the Services, or any of its content or faculties for any illegal or prohibited purpose, including but not limited to, contributing content that is obscene, threatening, defamatory, an invasion of privacy, infringing of intellectual property rights or publicity rights of others, or otherwise harmful to third parties or objectionable. You agree that any content you contribute using the Services will not consist of or include software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of content considered to be “spam” or commercial electronic messages that are unsolicited. You are also prohibited from accessing data not intended for you, attempting to breach our security measures, interfering with the use of or access to the Services, attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Services, or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Services. You will not use the Services in any way contrary to applicable laws or in a way that is harmful to our interests. You shall not remove, alter or infringe any copyright, trademark registration, or other proprietary notices from the Services.

All rights not expressly granted to you in these Terms of Use are reserved and retained by ACD.

By using the Services, you certify that you are either (a) 18 years of age or older, or (b) you are at minimum 13 years of age and are using the Services under the permission and supervision of a parent or legal guardian who is aware of these Terms of Use and has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Services. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you hereby agree to be fully responsible for the child's use of the Services, including any and all legal liability and/or financial charges that such child may incur. If you are entering into these Terms of Use on behalf of another person, you represent and warrant that you have the authority to act on behalf of such person and bind such person to your acts and omissions herein. If you fail to abide by the terms herein, you shall be liable on a joint and several basis with such other person for such failure and any resulting damage or claim.

You grant ACD a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, display, modify, distribute, and otherwise exploit such of your content including without limitation reviews, comments, and/or other communications as you may make available on the Services.

2. INTELLECTUAL PROPERTY OWNED BY ACD

The material and content made available through the Services, including but not limited to, newsletters, emails, articles, text, information, graphics, artwork, photographs, logos, icons, audio clips, video clips, and data compilations, is either owned by ACD or used with authorization of its respective owners.

The Services and all of the content owned by ACD are protected by U.S. and international copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast, or distributed in any way, in whole or in part, without the prior express written consent of ACD.

Content owned by third parties is in the control of its respective owners. ACD is not authorized to license any third-party content or to act on behalf of any third parties. For content not owned by ACD, you must contact the content owner directly regarding use of the content and potential licensing opportunities.

The trademarks, service marks, trade dress, and logos on the Services and products are owned, controlled and/or licensed by ACD and are protected by various intellectual property and unfair competition laws. All other intellectual property and company names used on the Services that are not owned by ACD are the property of their respective owners.

Nothing in these Terms of Use or any other language on the Services is intended to create a license or give you any right to use any of the intellectual property or content on the Services. ACD respects the intellectual property rights of others and actively enforces its own intellectual property rights to the fullest extent of the law.

3. COPYRIGHT AND DMCA TAKEDOWN PROCEDURE

ACD respects the intellectual property of others. If you believe your copyrighted work is accessible on the Services and has been copied or used in a way that constitutes copyright infringement, you may notify our agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). In order for your complaint to be valid under the DMCA, you must provide the following information when providing a notice of copyright infringement:

Identification of the copyrighted work claimed to have been infringed and a statement of ownership to such work(s);
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail address;
A statement that the complaining party "in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;" and
A statement that the "information in the notification is accurate" and "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

All of the above information must be submitted as an email notification to the following Designated Agent:

Attn: Compliance Department, Andromeda Calligraphy & Design, compliance@andromedacalligraphy.com

Please note that this procedure is exclusively for informing ACD that your copyrighted material has been infringed.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES WHICH INCLUDE MONETARY DAMAGES, COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO PROSECUTION FOR PERJURY.

To file a counter-notification

If your material has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your material, you may respond by sending us a counter-notification as follows:

List the content that was removed by ACD and the location at which the material appeared before it was removed.
Provide your name, address, telephone number and email address;
State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or California if your address is outside of the United States);
State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your physical or electronic signature.

All of the above information must be submitted as an email notification to the following Designated Agent:

Attn: Compliance Department, Andromeda Calligraphy & Design, compliance@andromedacalligraphy.com

4. ELECTRONIC COMMUNICATIONS

By using the Services, or by sending us messages, you are consenting to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. THIRD PARTY AFFILIATES

The Services may provide links to third party websites and/or services such as Twitter, Facebook, and LinkedIn. ACD takes no responsibility and assumes no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third-party websites or services. ACD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by ACD of the site. You are advised to read such sites terms and conditions.

6. YOUR ACCOUNT

The Services may provide a method for visitors to create an account allowing saving of payment method information and profile details and also a method to contribute to the site via comments, blog posts, communications, and other content. You are responsible for keeping your account confidential, maintaining password and/or login information, and for preventing access to your account by others. You agree to accept responsibility for all actions that occur under your account and/or login information. You will provide us with your accurate, complete, and true contact details (including any documents) and also notify us in writing of any changes thereto. You agree not to create or access an account using a false identity or any false or inaccurate information or create or access an account on behalf of someone other than yourself.

7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

The Services and any information, products, content, pricing, materials, and any services included on or made available to you through the Services are provided on an "as is" and "as available" basis.

ACD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, ITS CONTENTS, OR THE PRODUCTS REFERENCED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES OR LOSS OR CLAIMS ARISING FROM YOUR USE OR NON-USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE. WE MAKE NO GUARANTEE AS TO THE ACCURACY OF THIRD-PARTY STATEMENTS CONTAINED HEREIN.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

IN NO EVENT WILL ACD BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, OR FROM ANY INFORMATION, PRODUCT, CONTENT, OR MATERIAL INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ACD FOR ALL CLAIMS RELATED TO THIS TERMS OF USE EXCEED THE TOTAL AMOUNT RECEIVED BY US FROM YOU DURING THE LAST THREE (3) MONTHS PRECEDING THE DATE OF CLAIM.

If you are dissatisfied with the Services or any of its contents, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Services.

This DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY shall apply to the extent not prohibited by applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

To the residents of New Jersey, your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act. The provisions in the Limitations of Liability and elsewhere in this Terms of Use and our Privacy Policy may be different than the rights you might enjoy under the laws of New Jersey. Your rights regarding the Limitations of Liability and other provisions in our Terms of Use and Privacy Policy will be governed by applicable New Jersey law and not by the Terms of Use and Privacy Policy to the extent that the provisions are inconsistent with New Jersey law.

8. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Services, (ii) any data or information you may enter into the Services or that we may gather in connection with such use or interaction, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, you agree to binding arbitration administered by JAMS. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations.

9. SALES TERMS

All sales are final, and fees paid will not be refunded except as stated herein.

You have the right to cancel and return your order within the days specified as below per the jurisdiction where you are based, for any reason and without a justification. However, this right is only applicable for standard readymade products that are so indicated by us when you make the purchase. This right does not apply to any products made as per your specifications or clearly personalized. For initiating any return, you need to contact us. We will not entertain refunds that are initiated without contacting us first.

For customers based in US: 7 days from date of purchase
For customers based in UK and EU: 14 days from date of purchase

Revisions: Any custom designs and work provided shall be reviewed by you within 48 hours of delivery and notified to us if any changes are needed. Such requests for revision will be considered by ACD at its sole discretion. Additional charges may apply depending on scope of revisions.

We cannot guarantee that the color and images of the products on the website will be accurate as this is dependent on your computer monitor. We will only be able to ship the product after we process your order. All processing and shipping times will be indicated on the website or will be notified to you when are placing the order.

You authorize us and applicable payments processor to charge your banking card for the applicable purchases made by you. You are responsible for the timely payment of all fees and applicable taxes for the purchases made by you.

You may be subject to any additional terms and conditions in respect of any purchases by made by you that will apply in addition to these Terms of Use.

10. GENERAL PROVISIONS

Indemnification: You agree to indemnify, defend, and hold ACD, its parents, affiliates, subsidiaries, officers, employees, and website contractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms of Use or of the Privacy Policy or which arises from the use of content you submitted, posted, or otherwise provided to ACD.

Severability: If any of the provisions under these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Captions: The captions contained in these Terms of Use and in the Privacy Policy are for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions of these Terms of Use or of the Privacy Policy.

Worldwide Applicability: The provisions of these Terms of Use are to apply worldwide.

Governing Law: These Terms and Conditions are governed by the laws of State of California, and you agree to submit to the exclusive jurisdiction of, and venue in, the courts of California.

Assignment: We may assign, transfer, or subcontract our rights and/or obligations to any person/entity without your consent. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations without our written prior consent.

Force Majeure: We are not responsible or liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, lockdowns, fire, earthquakes, acts of third parties or epidemics.

Entire Agreement: These Terms of Use constitute the entire agreement between you and us as to the subject matter stated herein.

No Third-Party Beneficiaries: Nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.

Waiver: Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

Successors: This Terms of Use binds and benefits the parties and their respective permitted successors and assigns.

Relationship: Your access or use of the Services shall not make you an employee or agent or partner or joint venturer of the ACD.

Survival: All provisions which by their nature should survive including without limitation disclaimer, limitation of liability, indemnity, shall survive the termination of these Terms of Use.

11. EFFECTIVE DATE

The effective date of these Terms of Use is 26th May 2021. We may update the Terms of Use at any time in our sole discretion. When it is updated, the updated Terms of Use will be made available on the Services for your convenience.

12. CONTACT INFORMATION

If you have any questions about these Terms of Use or any other concerns related to the Services or ACD please contact us at: contact@andromedacalligraphy.com